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In 1971, the publication of the "Pentagon Papers" by the New York Times brought the conflicting claims of free speech and national security to a head. The Pentagon Papers, a voluminous secret history and analysis of the country's involvement in Vietnam, was leaked to the press. When the Times ignored the government's demand that it cease publication, the stage was set for a Supreme Court decision. In the landmark U.S. v. New York Times case, the Court ruled that the government could not, through "prior restraint," block publication of any material unless it could prove that it would "surely" result in "direct, immediate, and irreparable" harm to the nation. This the government failed to prove, and the public was given access to vital information about an issue of enormous importance.
The public's First Amendment "right to know" is essential to
its ability to fully participate in democratic decision-making. As the
Pentagon Papers case demonstrates, the government's claims of "national
security" must always be closely scrutinized to make sure they are
valid.